Introduction Flashcards
What will this essay discuss?
This essay will discuss whether equity still has a role to play in the development of new doctrines and principles by exploring the development of equitable remedies and judicial opinions of equity continuing to develop.
What will the essay ultimately conclude?
It will ultimately reach the conclusion that equity is not past the age of childbearing.
Where does the quote ‘equity is not past the age of childbearing’ come from?
This quote comes from Lord Denning’s judgment in the case of Eves v Eves [1975].
What happened in Eves v Eves (1975)?
In this case, the parties were an unmarried couple whom purchased a house together following the birth of their first child under the male’s name and using his funds. He tells the female that he would have put the house under both of their names if she had been over 21. The house was in a bad state and she fixed it up. Further down the line, he finds a new partner and tries to remove the female from their family home.
What was the issue in Eves v Eves (1975)?
The issue here was that the male held legal property rights over the house and a constructive trust was needed to ensure that the female benefited from the house as she had wrongfully been deprived of its rights due to this male’s deceitfulness. However, this type of constructive trust did not exist.
How did Lord Denning resolve this issue?
In order to resolve this, Lord Denning created a constructive trust behind a supposed genuine intended common intention and whilst doing so, stated ‘equity is not passed the age of child-bearing.’
What does the quote pertain?
This quote thus pertains that equity will develop as needs must, it has not gone baron. If a situation warrants it, then equity will step in to remedy it.
